West Boylston selectman wants waived bylaw to be reconsidered by town meeting

Thursday

Aug 22, 2013 at 6:00 AM

By Michael D. Kane BANNER EDITOR

Selectman Christopher Rucho has asked that residents at the October town meeting be given the choice of whether alcohol should be served on town property.

Selectmen have yet to fully discuss the request, or whether it belongs on the town meeting warrant. Rucho raised the issue during a discussion about the upcoming Beaman Oak Tennis Tournament. As organizers have tried to reinvigorate the event and draw more participants in, they have scheduled a community social event at Goodale Park to open the tournament, at which alcohol is served.

The board last week voted to allow alcohol at the event, contained in a tent within the basketball courts.

In order to do that, however, the selectmen must first waive town bylaws, specifically, Article 13 of the town’s bylaws, which were approved by voters in April 1975. Article 13 prohibits the possession or consumption of alcohol on town-owned land. In this case, Section 9, which specifically lists parks and playgrounds. Other sections regulate buildings and land used for municipal purposes.

Selectmen have waived the bylaw three times – or four if you count an earlier vote on this year’s tennis tournament – since 2008.

During the bicentennial, a beer and wine tent was placed on the Town Common for one of the events scheduled for the center of town. That was considered a unique situation.

Last year, the board granted a license for beer and wine to be consumed during the opening night of the tennis tournament.

In May of this year, the non-profit group It’s A Celebration requested a beer and wine license for Goodale Park for the Saturday before Memorial Day, to coincide with planned events and fireworks. In June, the Community Club requested a liquor license for this year’s tennis tournament. Rucho voted in opposition to those two events, stating he did not believe selectmen should be waiving bylaws approved by voters, and saying the town’s bicentennial was a unique case.

He also stated that he believed the town should focus on more family-friendly events. Proponents on the board, namely Kevin McCormick, pointed out that some residents do not have children, or have adult children, and they still want to participate in events.

Ultimately, rainy weather caused a cancellation of the Memorial Day events, and a structural problem at the Woodland Street courts caused the postponement of the tennis tournament until Sept. 6 (see story, page 1).

Rucho last week said he wants the bylaw presented to voters so that the board will know what the feeling is about alcohol on town property. If voters keep the bylaw as is, then the board should consider that in future requests to waive it, he noted.

“This is the only bylaw I recall ever waiving,” he said.

Rucho opposed this year’s application for the tennis tournament because it did not follow the proper procedure. The Board of Selectmen received the application before it was signed off by the Parks Commission. However, organizer Erin Beardsley said the group had met with the Parks Commission, which told organizers they needed selectmen’s approval first.

Town Administrator Leon Gaumond Jr. said he had confirmed the request was made to the Parks Commission, and that there had been some confusion about the process on the part of that board. Beardlsey said any further delay would prevent the Community Club from announcing the event in time for it to be a success.

Election complaint

Town Clerk Kim Hopewell responded in writing to a question posed by selectmen regarding voter issues at Our Lady of Good Counsel Church. Two weeks ago, at a public forum to discuss the town’s potential purchase of the Three Rivers Building at 140 Worcester St., residents had told the board the elevator at Our Lady of Good Counsel Church did not work and they could not vote.

Hopewell wrote that it was a “non-issue” and that the lift, not an elevator, worked properly. Selectman Siobhan Bohnson said she has had to use the lift in the past and that it can be temperamental if something like a wheelchair or a walker prevents the gate from closing completely. Selectmen suggested signs be placed near the lift during elections, instructing voters who to contact if they cannot operate the lift.

Bohnson suggested that civic groups, like Scouts or other youth groups be contacted regarding assistance during elections.

Mixter in the movies

The board also denied a request from a Shrewsbury teenager to film inside the abandoned Helen C. Mixter Municipal Building. The teen is working on a film project, and heard about the building from a friend in West Boylston.

The teen agreed to sign waivers and his parents had agreed to be present during the filming, which could have been done in a few hours. However, Rucho said a waiver would do the town little good if someone was injured in the building, noting, even if it held up, the town would still have to pay the legal cost to defend itself. Other selectmen concurred.

“Personally, I wouldn’t want to take on that responsibility,” Selectman john Hadley said. “It is too dangerous in that building.”

The building has been discussed frequently at recent public forums regarding the Three Rivers purchase, which will be decided in an election and town meeting in mid-September. Several residents have asked why the building is still standing. Selectmen have pointed out that town meeting voters in May rejected a proposal for $300,000 to tear down the Mixter Building and the Town Pool.

Chairman Kevin McCormick accepted blame on behalf of the board at the most recent forum, held last Saturday, saying voters wanted more information and the board had been unprepared. The matter will be brought back before the town in October.

In May, the Finance Committee told voters a potential buyer could remove the building for two-and-a-half times less than the town could. Also, some residents believed the property was worth enough money that a potential buyer would be more than willing to remove the building, thus saving the town money.

Selectmen have since had the building appraised and say neither of those two beliefs are true. That information will be presented in October.